Presidential War Power

Presidential War Power

Third Edition, Revised

3rd Edition, Revised

Louis Fisher

A classic and bestselling work by one of Americas top Constitutional scholars, Presidential War Power garnered the lead review in the New York Times Book Review and raised essential issues that have only become more timely, relevant, and controversial in our post-9/11 era.

In this third edition, Louis Fisher updates his arguments throughout, critiques the presidential actions of George W. Bush and Barack Obama, and challenges what he views as their dangerous expansion of executive power. Spanning the life of the Republic from the Revolutionary Era to the War on Terror, the new edition covers for the first time:

“An authoritative book on an issue that goes to the heart of what the Constitution says and whether it still has a controlling influence on our national life.”

—New York Times Book Review

“An intelligent and convincing contribution to the debate over our form of government.”

—Washington Post Book World

“Should be read by all Americans interested in the political well-being of their country.”

—Presidential Studies Quarterly

“An essential volume for all libraries.”

—Choice

“Fisher’s fundamental point is compelling: the power to commence war was given to the Congress under the Constitution and should remain there.”

—Yale Law Review

“Trenchant, provocative, and powerful, with lean and lucid prose.”

—American Political Science Review

“Should be required reading on Capitol Hill and in the White House as well as in classrooms.”

—Political Science Quarterly

“This important book deserves the widest possible readership and should be compulsory reading for every Congressman and President. A tour de force.”

—Leonard W. Levy, editor-in-chief, Encyclopedia of the American Constitution

“A lucid and thoughtful work by the nation’s top authority on the separation of powers doctrine. Fisher gives a balanced account of differences on this contentious topic but pulls no punches in presenting his own views. This book will be cited for years to come. It's a classic.”

—Michael J. Glennon, author of Constitutional Diplomacy and former legal counsel to the U.S. Senate Foreign Relations Committee

“No one knows more about this complex issue than Louis Fisher. Those who care about the preservation of constitutional government in the United States will want to study this careful, sensible, and deeply disturbing book.”

—Donald L. Robinson, author of "To the Best of My Ability": The Presidency and the Constitution

“This volume is simply indispensable to anyone who cares about how this nation resorts to the use of force abroad. With great insight, Fisher explores the dangerous drift toward excessive presidential discretion over war-making.”

—Loch K. Johnson, author of America as a World Power: Foreign Policy in a Constitutional Framework

“This impressive volume displays the great sweep of Fisher’s knowledge and historical understanding in the ever-churning war powers field. It’s both a necessary addition to the constitutional bookshelf and a fascinating read in its own right.”

—Harold Hongju Koh, author of The National Security Constitution: Sharing Power after the Iran-Contra Affair

n Indefinite detention of civilians and non-civilians without trial n President Obamas failed effort to close Guantnamo n NSA wiretapping and Fourth Amendment violations n Presidential decision-making relating to the wind-down of the wars in Iraq and Afghanistan n U.S. military operations against Libya in 2011 n Continued abuse of the state secrets privilege in national security court cases n Secret legal memos justifying the use of UAVs or drones for targeted killings overseas n Extended comparison of the expansion of executive power under George W. Bush and Barack Obama

About the Author

Louis Fisher, recently retired as Scholar in Residence at the Constitution Project, previously worked at the Library of Congress as Senior Specialist in Separation of Powers (Congressional Research Service) and as Specialist in Constitutional Law (Law Library). His many books include The Constitution and 9/11: Recurring Threats to Americas Freedoms; Military Tribunals and Presidential Power, which won the American Political Science Associations Richard E. Neustadt Award; In the Name of National Security: Unchecked Presidential Power and the Reynolds Case; and Constitutional Conflicts between Congress and the President. In 2012, he received the APSAs Hubert H. Humphrey Award for notable public service by a political scientist.